Defendants are not guilty.

1. The summary of the facts charged is as follows: (a) around March 8, 2014, the Defendants: (b) around 21:30, and around 21:11, the Fnonosode bank located in the Manan-gu E and the 13th underground floor; and (c) the Defendant, while drinking alcohol together with the Defendant G (the age of 13), was under the influence of alcohol, had the Defendant lost the mind by drinking alcohol; (d) had sexual intercourse with the victim; (e) Defendant B reported the network out of the above room; and (e) Defendant A exceeded the victim’s load and clothes; and (e) had sexual intercourse with the victim once.

As a result, the Defendants, together, had sexual intercourse with the victim who was unable to resist by drinking.

2. The Defendants and the defense counsel’s assertion that ① Defendant A had sexual intercourse with the victim’s consent, and did not have sexual intercourse with the victim’s failure to resist, taking advantage of the victim’s state of refusal to resist, and ② Defendant B did not have the intent to leave the singing room.

3. Determination

A. The burden of proving the criminal facts prosecuted in a criminal trial is to be borne by the prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2006Do735 Decided April 27, 2006, etc.). B.

First, we examine whether the victim had sexual intercourse with the victim under the influence of alcohol at the time of the sex relationship, and whether the defendant A had sexual intercourse with the victim using the above condition.

The victim consistently stated to the effect that “the Defendants, along with the Defendants on the day of the instant case, mixed with Bodrid and drinking water in the Famnode room, lose their spirit after drinking 3 to 4 walk, and then there is no consent to sexual relations with Defendant A before they lose their mind.” This Court has consistently stated to the effect that “The Defendant A shall not have given consent to sexual relations before they lose their mind.”